Not sure but I think they may need to offer you a replacement vehicle if the settlement is not to your satisfaction. i would start hitting that, as well as telling them that your arm and back are sore again. time to play hardball.

Craigar, both my insurance and the party at fault both carry State Farm. This is a huge co. w/ over 75 years in the business. My parents have had a house and 4 cars for about 20 years, and I have 2 cars and a motorcycle with them and have been with them since I was 16...so eight years!!! I am glad that they paid out after only a couple days, but like I was saying before, this is not a fair assesment of the value of the car. They do not want to budge on the issue unless I can find them a car at the dealer like mine within 75 miles. I have 30 days to find one, and they will "gladly" pay the difference. So now I have about 20 days left. Can you help me somehow? I will also try calling the manager there....thanks jspira

They value the cars using only NADA. If there is no value then they will use dealer quotes for a similar car with the same options.

If the dealer does not have a car on the lot with the same miles, options and such, then what they can do is price out a brand new car and get a take price for the car. Then take a deduction for the miles. This is done by asking 3 dealers what they would deduct if they had this car (with the same options) on the lot and what they would deduct for the miles. That is the value that they should use.

You only get paid the tax for the car if you buy another one within 30 days and it needs to be submitted to the insurance company within 33 days. Then they will pay you for it.

Being that they gave you $38,000~ for the car, if you add the tax it should bring you to where you need to be. They really need to put you in the same situation you were prior to the loss.

Here is what I would do....

Call or goto a dealer and price out the same exact car new. Ask them what they would sell it for should it be used with the same miles that you had. Then submit that to the insurance compnay and ask them if that would be fair. Again, you wouldn't get the tax until you actually bought the car so if you don't, you loose out on it. ($2400 @ 6%tax on a $40,000 value)

They will not give me a higher price unless I find one with all my options

Holy shit thats pathetic. So what happens when you are the only one that decided to get these options in Chicago? What do you do if your car wasnt a 2006 E90 but a 2005 E46 sedan, which are "technically" no longer on dealer lots?

I think they are fucking with you. Call other random SF agents and find out.

poldim, when I say dealer lots, I mean used cars. For an E46, there is a kelly blue book value, or black book, nada, etc. which would tell them the price of the car. Since our car is so new, there is no established generally accepted value of this car, and that is why they want to look at dealer lots to see what used ones are going for. The problem is that there is no car with the same options that I had here.

For those that live within 75 miles of Chicago, I really need your help, please!!! The insurance co. called me and said that they are giving me $38,500+tax , so almost $42,000 for my car...and I owed $200 less than that, so the car is paid off now. When I asked them what they based that on they said they took 3 cars that were CLOSE to mine in my area and took the average price. The problem is that all 3 did not have sport package nor navigation. Those are almost $4,000 in options left out!! They will not give me a higher price unless I find one with all my options (see signiture) on a dealer lot within 75 miles of me. I already did the cars.com search and checked every bmw dealer and came up with nothing. I'm sure that there are 100's of smaller independent or other make dealers around, some might have a used 2006 330i with those options.

There is not one car in the country that had the same color combo's and options that I had, and I think that I will have to order a new one, but I am out $4,500 as of right now (my down payment) in order to be able to buy a new one again. That is why if I can squeeze another couple grand or so out of them, I can get another brand new one. If anybody can help me, whether you know somebody in the business, passed by a dealer w/ that car on the lot, or know of independent places that sell luxury cars, I will greatly appreciate it.

Let them know they missed the $4000 worth of options. And they need to redo the quote for you. I totalled my e90 after 2.5 months of ownership (http://www.e90post.com/forums/showthread.php?t=6284), and initially they missed my nav and sport package also. I faxed them the original window sticker from my car (still had it after only 2.5 months), so they had to price out based on that. I actually ended up getting almost exactly what I paid for it, especially since I bought it with pre-sept-1 pricing and they had to use post-sept-1 pricing to price it out.

Craigar, both my insurance and the party at fault both carry State Farm. This is a huge co. w/ over 75 years in the business. My parents have had a house and 4 cars for about 20 years, and I have 2 cars and a motorcycle with them and have been with them since I was 16...so eight years!!! I am glad that they paid out after only a couple days, but like I was saying before, this is not a fair assesment of the value of the car. They do not want to budge on the issue unless I can find them a car at the dealer like mine within 75 miles. I have 30 days to find one, and they will "gladly" pay the difference. So now I have about 20 days left. Can you help me somehow? I will also try calling the manager there....thanks jspira

Hotsand - did you see my e-mail? I will get try to get you top management info but I don't have the name of your ins. co.

xcalibr, do you know how they got to the price that they offered you? Did they also find a car like yours on a dealer somewhere?

They based it off what they could find at a dealer's then subtracted what I didn't have... So they found a car (actually three that were actually on 3 different dealers' lots) that was spec'ed out like my 325i... but in automatic and with premium package... and then they subtracted what the dealer said they charged for those items I didn't have... and took the average of the three. That's how they arrived at the final number. However, the first time they did it... the cars they used did not include navigation and sport package, so I called my adjuster up and faxed him my original window sticker. He happily went back and redid the quote for me based on the options listed in the window sticker fax I sent him.

My insurance was Geico... and I still have the adjuster's report filed away somewhere. My advice would be to contact the adjuster handling your claim and ask for a re-quote. Escalate it if they refuse. Tell them simply that they didn't get the quote right because they quoted the wrong car. My friend got his insurance company to throw in an extra adjustment on some of the aftermarket equipment he had on his car when he totalled it... he's was on state farm at the time as well... so I'm pretty sure it's not impossible to get some kind of adjustment on your quote.

Anyway, g'luck with this mess... I hate the process, and it just feels like life is on hold for two months until it's all done and taken care of.

jspira, I didn't get the email. Do you have the right address? tonyivancic@yahoo.com. My insurance co. and the other kids insurance co. is both State Farm.

I am e-mailing you now so if you don't get it, e-mail me (you have my e-mail). There are also 20 diff. SF companies. I'm guessing State Farm Mutual Automobile Insurance. The Pres. and COO is Vincent J. Trosino Sr., who incidentally is retiring at the end of 2006. CEO is Edward B. Rust Jr.

Company is in Bloomington, Illinois.

Several numbers come up for the company - I'm sure calling any of them will result in getting to the office of Mr Trosino (or Mr Rust, your choice).
+1 (309) 662-7099
+1 (660) 744-5838

bily, I am almost done settling with them. I was able to squeeze another $2,180.00 from the 42k they already offered, so now I'm only off about $4,000 from what I paid for the car...which still sucks, but not as bad as the 6k+ before 3 weeks of me calling them every day!

I think your E90 can be fixed if you send to BMW authorized repair center that do the body work or a shop that is qualify to do it. Look like the front was kind of badly damaged. Make sure the frame is aligned properly or you will have more problem to follow in the long run.